U.S. Employment Laws and Regulations Flashcards

Question

HR Involvement in Notification Step of Employment Lawsuit

Answer 1

* Notify employer’s legal counsel promptly and respond as directed * Issue litigation hold letter * Ensure that employees refrain from retaliation against plaintiff

Answer 2

Responsive pleading filed with court that either admits or denies complaint allegations and raises affirmative defense or seeks dismissal of complaint

Answer 3

* Supply legal counsel with plaintiff’s personnel files and any other related documents * Assist legal counsel in any investigation as required

Answer 4

Meeting(s) of attorneys for both sides and judge to establish dates for getting case to trial as well as actual trial date

Answer 5

Advise attorney of time required for conducting internal investigation

Answer 6

* Period where each party learns facts about the other side’s case * Generally time consuming (may go on for months)

Answer 7

* Help employer’s legal counsel gather information in timely manner to prepare internal disclosures * May sign off on interrogatory answers * May need to provide deposition * May attend plaintiff’s disposition

Answer 8

Request from one side for judge to end the proceedings

Answer 9

Usually no HR involvement

Answer 10

* Motion prepared at discretion of legal counsel requesting court to dismiss case without trial * Granted only if there are no material facts

Answer 11

* May be requested to gather additional facts * May be asked to sign affidavit

Answer 12

Time leading up to trial date and actual trial proceedings

Answer 13

* Support employer’s legal counsel with final trial preparations and trial litigation * Provide additional documentation as may be required * Help with scheduling of witnesses

Answer 14

* Reinstatement, promotion, back pay and benefits, front pay (future wages, usually in lieu of reinstatement), remedial training and/or transfer, injunctive relief, and actual damages. May also include attorneys’ fees, expert witness fees, and court costs. * If complaint is to the National Labor Relations Board (NLRB) remedies may also include posting notices about rights to belong to unions, permit union agents to talk to employees in their workplace, permitting union agents to make speeches to employees on paid time and reading notices regarding rights of employees to unionize and engage in other NLRA protected activities

Answer 15

* U.S act that amended Title VII * Gave the Equal Employment Opportunity Commission authority to "back up" its administrative findings and conduct its own enforcement litigation

Answer 16

* People who are covered under a particular federal or state antidiscrimination law * Can be based on on their actual membership in a protected class, if they are perceived to be a member of a protected class (even if that perception is wrong), or based upon the protected class of a person with whom the individual associates

Answer 17

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Answer 18

* Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect * Also known as adverse impact.

Answer 19

* Landmark antidiscrimination legislation * Nation’s first comprehensive federal law making it unlawful to discriminate employment on base of race, color, religion, sex, or national origin * Passed to bring equality in hiring, transfers, promotions, compensation access to training and other employment-related decisions

Answer 20

* Provisions include * Recruiting, hiring and advancement * Segregation and classification of employees * Harrassment/hostile work environment * Compensation * Other terms, conditions and priviledges of employment * Includes: national origin, race, sex, gender, gender identity, sexual orientation

Answer 21

Must first file timely charge of discrimination with EEOC to preserve right to sue

Answer 22

* Most private employers and state and local governments that have 15 or more employees. * Educational institutions. * Federal government agencies. * Public and private employment agencies. * Labor unions with 15 or more members. * Joint (labor-management) committees for apprenticeships and training.

Answer 23

* Work related reasons – defend practice * Bona fide occupational qualification (BFOQ) * Bona fide seniority systems * Affirmative action plans

Answer 24

* Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function * Race can never be a BFOQ

Answer 25

* U.S act that amended Title VII * Gave the Equal Employment Opportunity Commission authority to "back up" its administrative findings and enforcement. * Expanded Title VII to include educational institutions, state and local governments, federal executive agencies, and defined units of other branches * Reduced number of employees for private employer to be covered by act (25 to 15) * Expanded period of time changing parties have (30 to 90 days) to file lawsuit after EEOC has informed them that it is no longer working on their charge (allowing charging parties a better change to find lawyer if they want to bring charges to court)

Answer 26

* U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions * Requires employers to treat pregnancy the same as any other temporary disability. * Employers must provide access to medical benefits and sick leave on the same basis as such benefits are provided to other employees or for other conditions.

Answer 27

* Assist employers in complying with federal regulations prohibiting discrimination * Covers all aspects of the selection process including recruiting, testing, interviewing, and performance appraisals (to extend they are used in employment decisions) * Is not law – is a procedural document published in Code of Federal Regulations to help employer comply with Title VII and other equal employment opportunity requirements of federal law * Outlines requirements for employers to legally defend employment decisions based upon overall selection processes and specific selection procedures

Answer 28

* When selection rate for employment decision works to the disadvantage of a protected class * Applies 80% rule or four – fifths rule and the bottom-line concept

Answer 29

* When selection rate of protected class is less than 80% of rate of class with highest selection rate * Based upon selection rate (percentage hired) for each group

Answer 30

Federal enforcement agencies do not expect employer to evaluate each component of the selection process individually if total selection process does not have adverse impact

Answer 31

* Analyze the data more rigorously to determine whether there is in fact adverse impact. This may include both statistical and practical analyses. * This alternative may be the first step toward meeting the “strong basis in evidence” standard set by the U.S. Supreme Court decision Ricci v. DeStefano in 2009, but it is not the only step * Use another procedure that has been demonstrated to have lesser adverse impact. * Modify the procedure to eliminate adverse impact. * Validate the job-relatedness of the selection procedure * Justify the procedure as a business necessity.

Answer 32

* Duke Power historically discriminated against black. * Then dropped the discriminatory practices and adopted “seemingly neutral” education and test score requirements. * Griggs was denied due to not being a high-school graduate who claimed job requirement was discriminatory and did not relate to job succes

Answer 33

* Set the standard for determing if descrimination based on disparte impact exists * Employment discrimination does not need to be overt or intentional to be unlawful * Employment practices can be unlawful even when applied to all employees

Answer 34

* One of first cases to apply sex discrimination provision of Title VII of Civil Rights Act of 1964 * Employer may not without business necessity refuse to hire women with preschool-aged children while hiring men with such children

Answer 35

* Jury trials are allowed in cases where the plaintiff seeks compensatory or punitive damages * Provides for, but limits damage awards available to victims of intentional discrimination * Includes compensatory damages and punitive damages * Volations include * Title VII, the Americans with Disabilities Act * Section 501 of the Rehabilitation Act of 1973 (which applies to federal government employees and covered government contractors only)

Answer 36

* Awarded to make injured person “whole” * Include * Damaged property, lost wages, pain, bereavement, medical expenses * Can also include financial payment for person's out of pocket losses and future expenses due to injury, disability, disfigurement, pain and suffering and actual losses, whether economic or non economic

Answer 37

* Damages requested and/or awarded in lawsuit where defendant’s willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless * Purpose is to punish defendant for misconduct and deter them (and others) from future similar misbehavior and is not possible for government unit or agency

Answer 38

* Prohibits discrimination in every aspect of employment against employees and applicants age 40 and over * With a few limited exceptions to recognize that advanced age may, in some circumstances, affect an individual’s ability to perform certain jobs effectively.

Answer 39

* All state and local governments Private employers with 20 or more employees * Employment agencies * Apprenticeship and training programs

Answer 40

* Adhering to a genuine seniority or benefit plan * Disciplining or firing a person for reasonable factors other than age. * The employee is a top executive or policy maker. * High-level managers and certain bona fide executives or high policy makers can be required to retire at age 65 if they are entitled to receive organization-sponsored retirement benefits of at least $44,000 per year, in the aggregate, and have held their position for two years immediately prior to retirement.) – dependent on the state

Answer 41

* Employers must offer employees age 65 and older and their spouses the same group insurance coverage provided to younger workers and their spouses. * Medicare may be primary or secondary for active employees eligible to receive the organization’s group insurance coverage.

Answer 42

* Employee who wants to file a lawsuit must first file charge of discrimination with EEOC in order to preserve right to sue * Always allowed for jury trials * Instead of punitive or compensatory damages * Provides doubling of back-pay damages awarded by the jury for “willful” violation

Answer 43

Amended the ADEA to prohibit discrimination in two areas: 1. Employee benefits. * Provides guidance on the ADEA requirement that benefits offered to older workers must be equal to the benefits offered to younger workers. * But does not require same cost of benefits 2. Waivers of claims * Standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

Answer 44

* Use an employee’s age as the basis for discrimination in benefits. * Target older workers for staff-cutting programs. * Require older workers to waive their rights without observing certain safeguards.

Answer 45

* Compensation and terms, conditions, and privileges of employment are defined to encompass all employee benefits, including benefits provided under a bona fide employee benefit plan. * Older workers may not waive rights under the ADEA unless they are given 21 days (in the case of an individual termination) or 45 days (in cases of group termination or voluntary retirement programs) to consider the agreement and consult an attorney. * Employees must be given seven days to revoke the agreement after signing it (individual and group terminations). * Eligible employees must be provided with certain workplace demographic information as part of a group termination release. * The release must specifically reference age discrimination claims arising under the ADEA. * The release cannot cover claims arising after its execution.

Answer 46

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

Answer 47

* Private, state and local government employers with 15 or more employees * Employment agencies * Labor organizations * Join labor-management committees * Does not cover federal government when it acts as employer

Answer 48

* Have the requisite skills, experience, education, licenses, etc. * Be able to perform the essential functions of the job, either with or without reasonable accommodation.

Answer 49

* Primary job duties that a qualified individual must be able to perform, either with or without accommodation * Reasons why function may be essential * Reason job exists is to perform this function * There are limited number of employees available that can take over this job function * Function may be highly specialized to require specific expertise or ability

Answer 50

* Physical or mental impairment that substantially limits one's major life activities * Has record of such impairment * Is regarded as having an impairment

Answer 51

* Medical examinations and inquiries * Only able to ask spplicants if they can preform essential job functions - not the information regarding the disability * Offer may be contingent on medical examination if it is required for all employees in similar jobs and must be job related * Drug and alcohol abuse * Illegal drug use is not covered under ADA

Answer 52

* Kept the ADA definition of disability and exapnded the interpretation to make it easier for those looking for protection to show they meet the definition of a disability * Directed the EEOC to amend its ADA regulations to reflect the changes made by the ADAAA.

Answer 53

1. "Substantially limits” * Used broadly to expansive coverage, to the maximum extent permitted by the terms of the ADA. 2. An impairment * Disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people * It does not need to prevent or significantly restrict a major life activity to be considered “substantially limiting.” * Not every impairment will constitute a disability. 3. Extensive analysis is not needed to termine if disability exists 4. Determining whether an impairment substantially limits a major life activity requires an individualized assessment that is “simple and straightforward.” 5. The comparison of an individual’s performance of a major life activity to that of most people usually will not require scientific, medical, or statistical analysis. * Nothing prohibits the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate. 6. With one exception (eyeglasses or contact lenses), determining if an individual has a disability shall be made without regard to the ameliorative effects of mitigating measures. * Employees will be evaluated without regard to the hearing aids, medication, prosthetic devices, and other measures they use to manage their impairments. 7. Impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they substantially limit a major life activity when active. 8. An impairment that substantially limits one major life activity need not substantially limit other major life activities to be considered a substantially limiting impairment. 9. While there is no minimum duration in determining whether an impairment substantially limits a major life activity, disabilities under the ADA must be conditions that are not both transitory and minor. * Impairments that last only a short period of time may be covered if sufficiently severe. * Minor imparements that longer than six months, for example, may also be a covered disability.

Answer 54

* Deafness that substantially limits hearing * Blindness that substantially limits seeing * An intellectual disability (formerly termed mental retardation) that substantially limits brain function * Partially or completely missing limbs or mobility impairments that substantially limit musculoskeletal functions and that require the use of a wheelchair * Autism that substantially limits brain function * Cancer that substantially limits normal cell growth * Cerebral palsy that substantially limits brain function * Diabetes that substantially limits endocrine function * Epilepsy that substantially limits neurological function * Human immunodeficiency virus (HIV) infection that substantially limits immune function * Multiple sclerosis that substantially limits neurological function * Muscular dystrophy that substantially limits neurological function * Major depressive disorder, bipolar disorder, post-traumatic disorder, obsessive-compulsive disorder, and schizophrenia that substantially limit brain function

Answer 55

* Homosexuality * Bisexuality * Transvestism * Compulsive gambling

Answer 56

* Modifications or adjustments to a job or job application process that accommodate persons with disabilities but do not impose a disproportionate or undue burden on the employer. * Is a case by case basis

Answer 57

* Nature and net cost of accomidation * Overall financial resources of the facility, the number of employees at the facility, and the effect on expenses and resources. * Overall financial resources of the covered entity * The overall size of the business of the covered entity: the number of its employees, and the number, type, and location of its facilities. * Type of operation or operations of the covered entity * Includes the composition, structure, and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity. * Impact of the accommodation upon the operation of the facility * Includes the impact on the ability of other employees to perform their duties and the impact on the facility’s ability to conduct business.

Answer 58

1. Individual asks for accommodation or employer knows of needs for an accommodation 2. Identify the barriers to performance of essential job function for the individual 3. Identify possible accomidations that may be helpful in overcoming the barriers 4. Assess the reasonablness of accomidation including whether they are the employer's responsibility and if they impose undue hardship 5. Choose the appropriate accomidation for the individual

Answer 59

* Title VII of the Civil Rights Act of 1964 * ADEA * ADA Equal Pay Act * The Genetic Information Nondiscrimination Act

Answer 60

* Becomes a condition of continued employment * A reasonable person would consider the work environment intimidating, hostile, or abusive * Individual is harassed in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit

Answer 61

* Whole picture in context of the alleged incidents occurred and if there is a pattern or a series of incidents over time * Frequencey of incidents * Looked at on a case by case basis

Answer 62

* Quid Pro Quo * Hostile environment

Answer 63

* Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment. * Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.”

Answer 64

* Faragher v. City of Boca Raton * Burlington Industries, Inc. v. Ellerth.

Answer 65

1. Employers having responsibility to take reasonable care to prevent and correct or end harassment (sexual or otherwise) 2. Employees have responsibility to take advantage of preventative and corrective opportunities

Answer 66

* Train employees and managers on regular basis * Have employees report any incidents of harassment * Investigate reported allegations promptly and thoroughly * Implement corrective measures when necessary

Answer 67

* Include sexual orientation in nondiscrimination policies. * Provide training. * Prohibit and prevent harassment of lesbian, gay, bisexual, and transgender employees. * Recognize organizations representing the interests of lesbian, gay, bisexual, and transgender employees. * Refer to “sexual orientation” rather than “sexual preference.”

Answer 68

* Be in writing. * Define what constitutes harassment and declare that it will not be tolerated. * Establish a complaint procedure that encourages employees to come forward. * Involve training and education programs to focus on the specific culture and needs of a particular workplace. * Provide workplace civility and bystander intervention training. * Include a prompt and thorough investigation of every complaint and ensure that employees have confidence in the process. * Provide for an investigation that results in corrective action if it is determined that unlawful harassment has occurred. * Use a variety of methods to communicate the policy to management and employees.

Answer 69

* Set a minimum wage for certain workers * Regulate the number of hours certain individuals must work before being entitled to overtime compensation * Restrict the hours and conditions of employment for minors

Answer 70

* Also known as Wage and Hour Law * U.S act * Purpose: to protect workers and address conditions that burdened the American economy during the great depression

Answer 71

* Minimum wage * Overtime pay * Youth employment * Recordkeeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments

Answer 72

* Public and private * At least $500,000 annual dollar volume of business (few exceptions) * Applies to organizations with employees who engage in interstate commerce or the production of goods for interstate commerce

Answer 73

* Business with employees who handle, sell, or work on goods or materials being moved in or produced for interstate commerce * Includes employees who travel across state lines and those who use mail, telephone, internet, or other means to communicate across state lines

Answer 74

* Hospitals * Institutions that care of the sick, aged, mentally ill, or disabled who reside on the premises * Schools for children who are mentally or physically disabled or gifted * Preschools, elementary and secondary schools, and institutions of higher education * Federal, state, and local government agencies

Answer 75

* Employees are covered by FLSA regulations * Independent Contractors are not covered by FLSA regualtions)

Answer 76

* Ability to set own hours and determine sequence of work * Work by the project rather than having a continuous relationship with the employer * Paid by the job (rather than by the hour or pay period) * Opportunity for profit and loss * Provide own tools and training * Be self-employed and holding oneself out as such

Answer 77

1. Behavioral control 2. Financial control 3. Relationship of the parties

Answer 78

Facts that show if the organization has the right to: * Driect and control how the worker does the task * Which worker is hired - include type and degree

Answer 79

Facts that show whether the organization has a right to control the business aspects of the worker’s job Ex: * How the worker is paid * Extent of worker's investment

Answer 80

Facts that show the parties’ type of relationship ExL * If the organization provides worker with employee benefits

Answer 81

* Minimum salary * Paid on salary basis (without improper deductions) * Primary duties Must be paid on salary basis with guarenteed minimum no matter how many hours worked per week Minimum is no less than $455 per week

Answer 82

* Workers paid less than $23,660 per year or $455 per week * Employee compensation on hourly basis (aside from certain computer, outside sales employees, teachers, and a few others * Primary duties

Answer 83

* Main or most important duty of the position * To be exempt, this must be the performance of the employees work * No particular percentage required but the lower total percentage, the greater risk

Answer 84

* Includes executive, administrative and professional (EAP) employees as well as computer and outside sales position * Released "overtime" rule for this population and made them eligible for overtime

Answer 85

* Prevents employer from losing an overtime exemption for imporper pay deductions - regarless of the reason for the improper deductions * The employer * Has a “clearly communicated policy” that prohibits improper pay deductions and includes a complaint mechanism. * Reimburses employees for any improper deductions. * Makes a good-faith effort to comply in the future.

Answer 86

If employer continues willfully violating after receiving employee complaints, will remove employer from safe harbor

Answer 87

* Those who perform work involving repetitive operations with their hands, physical skill, and energy * Always non-exemp regardless of how high their compensation is

Answer 88

* Not sufficient to meet requirements of professional exemption * Only applies to employees in occupations who have recognized professional status. * Veterans working in traditionally blue-collar positions will not find themselves subject to white-collar exemption due to military training/experience

Answer 89

* FLSA requires that overtime be paid on time worked, not time compensated. * No overtime need be paid on: sick pay, holiday pay, vacation pay, jury duty pay, or similar compensation for unworked days. * Applies to time that goes over 40 in any workweek

Answer 90

* Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours) * Must be consistent week to week

Answer 91

* Provides time off instead of wage payments * Rate is no less than 1.5 hours per 1 hour OT * Applies to public sector (federal, state and local governments) * Not allowed in the private sector * Includes organizations not controlled by the government (privately owned businesses and non-profits)

Answer 92

* Employers must be sure non-exempt employees are fully relieved of their duties during lunch and other unpaid breaks * Lunch and unpaid breaks need to be at the length required by federal and state law

Answer 93

* Restricts hours and conditions of employment for minors * Protects children under 18 from "oppressive" employment conditions * Employers should obtain employment and/or age certificate * Designed to protect educational opportunities of youth

Answer 94

* Approved by the Wage and Hour Division of the DOL * Usually issued by the appropriate state agency of the minor's school

Answer 95

* Employees younger than 20 years old, during their first 90 consecutive calendar days of employment. * Tipped employees. * Full-time students who are employed in retail or service establishments, agriculture, or institutions of higher education. * Student learners who are students at an accredited school, college, or university, at least 16 years of age, and employed on a part-time basis pursuant to a bona fide vocational training program. * Workers whose earning or productive capacity is impaired by physical or mental disability.

Answer 96

Enforced by the Wage and Hour Division of DOL

Answer 97

* Complaints can be created by any employee covered by the FLSA * Investigator * May visit worksite * Review employer's pay practicies and status determinations * Conference between investigator and employer * If settlement is not agreed, employer can be taken to court by either secretary of labor or employer * Lawsuit may be scheduled without going through the DOL

Answer 98

* Liable to employee for unpaid comission and equal amount as liquidated damages * 2 year statute of limitations can be extended to 3 if willful violation by employer * Attorney fees and legal costs may also be provided

Answer 99

Whenever state and federal laws or regulations differ, follow what most benefits the employee

Answer 100

* Amended FLSA * Defined additional rules of hours worked * Changing time * Arriving early/beaks * On call time

Answer 101

Hours that the employer restricts employee's activities and does not allow pesonal business, including overtime

Answer 102

Unpaid if employee is off permise and otherwise not restricted

Answer 103

* Unpaid if employee arrives before work * Employee should not do work at this time * Waiting time in middle of shift * Paid (ex: equipment breaks down)

Answer 104

* =Dependent on state law and collective bargaining * Rest periods of 5-20 min are paid * Meal breaks are not considered hours worked

Answer 105

Paid if required for job, if optional it will not likely be paid

Answer 106

* Is not paid time, even when employee uses organization vehicle * Nonexempt employees who drive vehicles with essential tools or equipment of employers from home to work site may include travel pay

Answer 107

* Employees who travel in the course of a workday, such as from one work location to another * Entitled to compensation for their travel time. * Travel to work-related meetings is compensable.

Answer 108

* When an employee who normally works at one location is sent out of town on a single-day trip, the time spent traveling is work time. * Time spent traveling to and from the airport may be considered the equivalent of the home-to-work commute and not compensable work time.

Answer 109

* An employee who travels away from home overnight is not working when he or she is a passenger on an airplane, train, boat, bus, or automobile outside of regular work hours. * Time employee spends traveling as a passenger on a weekend will be counted as work time if the travel cuts across the hours that the employee would normally work during the week. * Any time that an employee spends working while a passenger must be counted and paid as work time.

Answer 110

* Attendance is voluntary * Attendance is outside of the employee's regular work hours * Event is not directly job related * Employee preforms no productive work during this period

Answer 111

Must be counted as work time regardless of the limitations of the law

Answer 112

* Prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women * Amended FLSA. * Enforced by EEOC

Answer 113

* Skills * Effort * Responsibility * Working conditions

Answer 114

* Seniority * Merit * Quality or quantity of work. * Geographic differences * Any factor other than sex. Union riles and prevaling pay for the market is not permitted

Answer 115

* Prima facie - Minumum amount of evidence employee must show to have a claim as a matter of law * Law does not address compariable worth

Answer 116

* Pay differentials between men and women who perform comparable, but not equal work * Looks at different jobs that require comparable skills, effort, responsibilities and working conditions * Not a considerable factor in EPA * May be used in some states and public jurisdictions

Answer 117

* Created minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner. * Designed to protect participants in pension and welfare benefit plans and their beneficiaries

Answer 118

* Employers are not required to offer a retirement or welfare benefit plan * If plan exists, it must meet the requirements of the Internal Revenue Code and ERISA in order for employers and participating employees to receive available tax advantages.

Answer 119

* Split across: * DOL * IRS * Pension Benefit Guaranty Corporation. * DOL * Reporting, disclosure, and fiduciary responsibility. * IRS * Tax-related matters involving benefit plans (e.g., funding and eligibility).

Answer 120

* Insures payment of certain pension plan benefits in the event private-sector defined benefit pension plans lack sufficient funds to pay promised benefits * Covered plans or their spouses are required to pay permiums to PBGC * PBGC guarantees payment of vested benefits (up to a maximum limit) to employees covered by these pension plans. * Does not insure retirement plans that do not promise specific benefit amounts—defined contribution plans such as profit-sharing or 401(k) plans.

Answer 121

* Fiduciary Duties * Eligibility Requirements * Vesting Requirements * Communication requirements * Reporting requirements

Answer 122

* Plan must be operated for the exclusive benefit of the participant and their beneficiaries * The plan fiduciaries must follow the prudent person rule with handling, investment and management of assets

Answer 123

States that a fiduciary of a plan covered by ERSIA has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, careful investor would under similar circumstances

Answer 124

* Minimum eligibility requirements for retirement plan * Age of 21 and completion of 12 months of service * Employers are able to make change to plan in favor of employees (ex: age 18 not 21)

Answer 125

The minimum vesting requirements differ between defined benefit plans and defined contribution plans

Answer 126

Process by which a retirement benefit becomes nonforfeitable

Answer 127

Benefits become 100% nonforfitable after participant has completed a certain number of years

Answer 128

Benefits become incrementally nonfofeitable as participant completes each specified number of years of service

Answer 129

* Requires summary plan descriptions (SPDs) to participants * Issued when employee begins participating in plan and at least once every 5 years after. * If plan is modified - materials need to be distributed to participants to describe changes or issue new summary plan description

Answer 130

* Summaries show participant rights, benefits and responsibilities * Should be written to be easily understood.

Answer 131

* Summaries show participant rights, benefits and responsibilities under the plans should be designed and written so they are easily understood by reader.

Answer 132

* Annual report (Form 5500) must be filed with IRS and made available for participants to inspect * Form is required for all qualified retirement plans and welfare benefit plans that have at least 100 employees participating

Answer 133

Requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud

Answer 134

* Requires administrators of 401(k) and other defined contribution plans to provide notice to affected participants and beneficiaries at least 30 but no more than 60 days in advance of a blackout period * Added civil penalty for failure/refusal to provide timely notice of a blackout period * prohibits directors and executives of public companies from engaging in trading that involves company stock held outside of the plan during blackout period if blackout period prevents at least 50% of the plan participants from engaging in transactions involving in company stock held in their plan accounts

Answer 135

* When participants/beneficiaries cannot * Direct their investments * Diversify assets * Obtain loans or distributions * Period of more than 3 consecutive business days * May last 2-6 weeks * Typically occur when there is a new plan provider or a change in investment options * Ongoing record keeper or investment option manager completes final processing of participant activity and performs a final reconciliation of accounts. * New record keeper or investment option manager receives data, loads it on its system, and checks for accuracy.

Answer 136

* Reasons for the blackout period. * Identification of the investments and participant rights that are affected. * Expected beginning date and length of the blackout period. * Statement that individuals should evaluate the appropriateness of their current investment decisions in light of their inability to direct or diversify their accounts during the blackout period.

Answer 137

* Prohibits publicly traded companies (as well as their officers, employees, contractors, subcontractors, or agents) from taking any adverse employment action against employees because of protected whistleblowing activities. * The act protects employees who report conduct that they “reasonably believe” violates federal securities laws, the rules of the Securities and Exchange Commission, or any federal law relating to fraud against shareholders.

Answer 138

* Raise the allegations of fraud to either a federal agency or a member of the organization who has authority to “investigate, discover, or terminate misconduct.” * File, testify in, participate in, or assist in a proceeding filed or about to be filed related to securities fraud.

Answer 139

Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame

Answer 140

Overturned the Ledbetter vs Goodyear 2007 U.S. Supreme Court Decision

Answer 141

* Statute of limitations resets as the employer issues each allegedly discriminatory paycheck * Allows employees and their families or heirs to be able to file a discrimination lawsuit against employer regarding benefits such as salary-based defined benefit and contribution-based defined contribution retirement plan payouts and salary-based life insurance

Answer 142

* Gives individuals and their dependents who would lose coverage due to COBRA qualifying event the opportunity to receive health-care coverage under the employer's group health plan at the individual's expense * Cost is full premium for coverage. * The plan may additionally choose a 2% administrative fee

Answer 143

* Termination of employment * Not including gross misconduct * Reduction in hours * Employee is disabled at time of reduction in hours or termination * Divorce or death of employed spouse * Dependent child loses eligibility status

Answer 144

* Employee or dependent stops making payments * Becomes eligible for medical insurance from new employer * Gains Medicare coverage * When employer terminates health care plan (ex: goes out of business)

Answer 145

* Administered by DOL and IRS * Failure to comply include penalties and payments of incurred medical expenses * Employer is resonsible legally when using third-party administrator

Answer 146

* COBRA notifications must be submitted at a particular time * Employees must make COBRA elections within 60 days of the day they lose coverage or date notified to elect COBRA (whichever is later)

Answer 147

* Patient Protection and Affordable Care Act (PPACA) amends COBRA * Requires dependents to have health insurance until 26

Answer 148

* HIPAA clarifies that all related qualified beneficiaries eligible for COBRA because of the same 18-month qualifying event are entitled to purchase the additional 11 months of continuation coverage—for a total of 29 months—if any one of the qualified beneficiaries is disabled at the time of termination or at any time during the first 60 days of COBRA coverage. * The rule that COBRA coverage could not be terminated if the qualified beneficiary obtained other coverage with a pre-existing condition was modified to allow termination of COBRA coverage if the qualified beneficiary is not subject to the pre-existing condition because of HIPAA’s creditable coverage rule. * The definition of qualified beneficiary was changed to include children born to or placed for adoption with a covered employee while COBRA continuation coverage is in effect.

Answer 149

* Provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee. * Time for certain care-giving, medical, military and family needs

Answer 150

* Private-sector employers with 50 or more employees (full- or part-time) for 20 or more workweeks in the current or preceding calendar year. * Private employers * Nonprofit organizations * Public agencies (regardless of the number of employees) * Congress

Answer 151

* Worked at least 12 months (total) for the employer * At least 1,250 hours in the 12-month period preceding the commencement of the leave * At a site within 75 miles of which 50 or more employees work.

Answer 152

* Guidance on how the FMLA applies when there is no legal or biological parent-child relationship. * Definition of spouse * Clarification of intermittent leave (when leave is taken a little at a time, as needed). * Medical certification requirements and under what circumstances an employer is permitted to contact an employee’s health-care provider. * Terms for fitness-for-duty certification (both for the initial return to work and any periodic requirements). * Provisions for health benefits continuation while the employee is on approved FMLA leave and how COBRA is triggered if the employee does not return to work. * Reinstatement rights regarding an employer’s responsibility to restore the employee to the same position that the employee occupied prior to FMLA leave or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. * Modified-duty programs when the employee returns to work from FMLA leave. * Provisions for cost containment and how employers can integrate leave benefits (sick or vacation days), workers’ compensation leave, and/or disability insurance with FMLA leave to reduce the costs of FMLA compliance.

Answer 153

* Requiring requiring inpatient hospital, hospice, or residential care or continuing treatment by a health-care provider (with multiple definitions). * Employee incapacity for more than 3 consecutive, full calendar days plus two visits to a health-care provider or one visit to a health-care provider plus a regimen of continuing treatment. * The first health-care provider visit must occur within seven days of the first day of incapacity. * Where applicable, the two visits must occur within 30 days of the beginning of the period of incapacity, absent extenuating circumstances. * For chronic serious health conditions, the employee must visit a health-care provider at least twice per year.

Answer 154

* U.S. act that expanded FMLA leave for employees with family members who are covered members of the military * Two new FMLA events * Qualifying exigency leave * Military caregiver leave

Answer 155

* Provides up to 12 work weeks of FMLA leave due to a spouse, son, daughter, or parent: * Being on covered active duty * Been notified of an impending call or order to covered active duty in the armed forces.

Answer 156

* Duty during deployment with the armed forces to a foreign country. * National Guard - duty during deployment of member in armed forces to foreign country under call or order to active duty in contingency operation

Answer 157

* Short-notice deployment * Military events and related activities * Child-care and school activities * Financial and legal arrangements * Counseling; rest and recuperation * Post-deployment activities * Additional activities agreed to by the employer and the employee

Answer 158

* Provides up to 26 work weeks of unpaid FMLA leave during a single 12-month period * Eigible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness.

Answer 159

* Protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services. * Applies to virtually all employers public and private regardless of size

Answer 160

* Confirm that applicants are covered by USERRA if an organization rejects a candidate or withdraws an offer of employment due to pending military leave. * Require employees or an appropriate representative of the military to provide oral or written notice of the need for leave (according to Department of Defense regulations cited in the USERRA regulations, 30 days when feasible). * Allow an employee to take military leave for up to five years (extended in some circumstances, such as an order to remain on active duty because of a war or national emergency that is unrelated to training). * Clarify the types of military service covered by USERRA. * Give employees on military leave the same non-seniority-based benefits and rights generally provided (by contract, agreement, policy, practice, or plan) to other employees with similar seniority, status, and pay on other types of leaves. * Give employees on military leave the same seniority-based benefits they would have received if they had not taken military leave. * Give covered employees the right to choose whether they want to use paid leave, if any is available during their absence for covered service. * Require that military leave not create a break in service for retirement plan purposes, including participation, vesting, and accrual of benefits. * Establish specific time frames for employees on military leave to apply for reemployment. * Define employers’ reemployment obligations, including timing of reemployment, reemployment position, and discharge restrictions. * Provide additional protection for disabled veterans.

Answer 161

* Recognizes claims of hostile work environment on account of military status * Prohibits discrimination

Answer 162

* 2010 U.S. law * Obamacare or Affordable Care Act (ACA) * Requires virtually all citizens and legal residents to have minimum health coverage * Falure to have coverage is a tax penalty * Requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.

Answer 163

* Lifetime maximum benefit limits * Preexisting conditions * Small employer health-care tax credit * Preventative care * Dependent coverage * Uniform explanation of coverage * Notice of material modifications * Annual benefit limits * State health marketplaces * Cadillac plan tax

Answer 164

* Two key PPACA provisions * Medicaid expansion * Individual mandate * Removed the PPACA provision conditioning all federal Medicaid funds on a state complying with expanded Medicaid coverage requirements

Answer 165

* Provides federal funding to states to assist

Answer 166

* Established the first national policy for workplace safety and health * Requires employes to provide safe and healthful working conditions for employees * Mission is to help employers and employees reduce on-the-job injuries, illnesses and deaths * Sets responsibilities and rights for employees and employers

Answer 167

* Covers almost all workers in the country * Exceptions * Family farms only worked by family members * Self-employed workers

Answer 168

* Encourage reducing safety and health hazards. * Encourage perfecting safety and health programs. * Authorize the secretary of labor to establish mandatory occupational health and safety standards. * Create an Occupational Safety and Health Review Commission (OSHRC) to hear appeals under the act. * Provide health and safety research through the National Institute for Occupational Safety and Health (NIOSH). * Discover the causal connections between diseases and work and establish appropriate standards to eliminate industrial disease. * Establish medical criteria to ensure that no employee will suffer diminished health, functional capacity, or life expectancy. * Implement training programs to improve the quantity and quality of people engaged in the safety and health field. * Provide an effective program of enforcement of safety and health standards. * Encourage the states to assume responsibility for the administration and enforcement of safety and health regulations. * Provide appropriate reporting procedures with regard to safety and health. * Encourage joint labor-management efforts to reduce injuries and disease.

Answer 169

* Employees are not cited for violations of their responsibilities * States that each employee shall comply with the standards, rules, regulations and orders issued under the act

Answer 170

* Statement in OSHA * Requires employers subject to OSHA to provide employees with a safe and healthy work environment.

Answer 171

* Demand safety and health on the job. * Eequest inspections * Have an authorized employee representative accompany an inspection. * File a complaint. * Be informed of workplace hazards. * Request action from the employer to correct hazards or violations. * File a discrimination complaint. * Receive training.

Answer 172

* Respond promptly to their requests for correction of serious hazards at work. * Advise employees of their safety and health rights and responsibilities. * Complete, within 90 days, investigations of charges of employer discrimination against employees who report unsafe conditions to OSHA. * Promote employee participation in health and safety programs. * Issue a citation and proposed penalty within six months of a violation’s occurrence.

Answer 173

* Keep employees informed * Keep employees healthy and safe

Answer 174

* Show OSHA poster where it can be seen and read by all employees. * Make copies of the act and relevant OSHA rules and regulations available to employees upon request. * Post OSHA citations at or near the work site involved until the alleged violation has been abated or for three working days, whichever is longer. * Notify any employee who has been/is being exposed to hazardous agents at levels exceeding those in a mandatory OSHA standard and inform exposed employees of corrective action being taken. * Maintain accurate records of and periodically report on work-related deaths and injuries and illnesses beyond first aid; permit employees to review records. * Permit an authorized employee representative to accompany the OSHA compliance officer during any physical workplace inspection

Answer 175

* Correct cited violations within the period prescribed or agreed to by OSHA. * Allow employees to refuse abnormally dangerous work when faced with an imminent danger of death or serious injury. * Some state laws also provide a procedure for employees to follow when protesting unsafe working conditions. * Provide employees with personal protective equipment required for the job, at the employer’s expense, except for footwear that can be used off the job and prescription eyewear. * Provide medical surveillance of employees when required by OSHA standards. * Provide training mandated under specific OSHA standards. * Ensure that persons directing work understand and enforce all applicable safety laws, rules, and regulations.

Answer 176

* Employer failed to keep the workplace free of a hazard. * The hazard was recognized either by the employer individually or by the employer’s industry generally. * Recognized hazard was causing or was likely to cause death or serious physical harm. * There was a feasible means available that would eliminate or materially reduce the hazard.

Answer 177

* Monitor OSHA’s announcements of its intent to propose new regulations and participate in the rule-making process by attending public hearings on the proposed rules and submitting comments on the rules to the extent that they affect their workplace. * Be active in their industry association’s involvement in job safety and health and take an active role in developing safety and health standards through participation in OSHA Standards Advisory Committees, through nationally recognized standards-setting organizations, and through evidence and views presented in writing or at hearings. * Apply to OSHA for a temporary variance from a standard if unable to comply because of the unavailability of materials, equipment, or personnel needed to make necessary changes within the required time. * Apply to OSHA for a permanent variance from a standard if the employer can furnish proof that the facilities or method of operation provides employee protection at least as effective as that required by the standard.

Answer 178

* Emergency Exit or Evacuation Procedures * Occupational Noise Exposure * Machine Guarding * Hazard Communication * Control of Hazardous Energy * Bloodborne Pathogens * Confined Space Entry * Personal Protective Equipment * Process Safety Management

Answer 179

* Also known as Means of Egress standard. * Provides guidelines for preparing an emergency action plan and includes specifications regarding exits and maintenance of emergency systems

Answer 180

* Also known as Hearing Conservation standard. * Requires employers to provide for effective engineering or administrative controls to reduce unsafe noise levels in the workplace

Answer 181

Provides general requirements for all machinery to protect operator and other employees.

Answer 182

* Also known as Employee Right-to-Know Law. * Requires use of labeling, safety data sheets, training, orientation for new and transferred employees, and written hazard communication programs to inform employees of hazardous chemicals in the workplace

Answer 183

Requires action so equipment cannot be activated (lockout) and signs or labels (tagout) to be attached to dangerous equipment that should not be activated.

Answer 184

* Requires employers to protect employees from potentially infectious materials * Needlestick Safety and Prevention Act revised the standard to require employers to minimize employees’ exposure to blood from sharps injuries through annual reviews and employee input.

Answer 185

* Addresses concerns over adequate oxygen content in the air, toxic or flammable substance exposure, and physical exposures for workers in confined spaces. * Requires space-entry restrictions, rescue procedures, and written safe-entry program.

Answer 186

* Protects employees from environmental, process, chemical, mechanical, or radiological hazards capable of causing injury or impairment * Sets criteria for acceptable equipment designs.

Answer 187

Aimed at preventing or minimizing the effect of catastrophic releases of toxic, reactive, flammable, or explosive chemicals.

Answer 188

* Posting requirements * All organizations with more than ten employees, except low-risk business must report all employee occupational injury and illness data

Answer 189

* Injury that results from a work-related accident or exposure involving a single incident in the work environment. * Ex: cut, fracture, sprain or amputation

Answer 190

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

Answer 191

* OSHA’s Form 300: Log of Work-Related Injuries and Illnesses * OSHA’s Form 300A: Summary of Work-Related Injuries and Illnesses * OSHA’s Form 301: Injury and Illnesses Incident Report

Answer 192

* Work-related injury and illness data from employers within specific industry and employment size specifications * Data is used to show level of injuries and illnesses among different industries, firms or operations within a single firm

Answer 193

* Does not need to give advanced notice and can be conducted at random or in response to complaints about unsafe conditions * With warrent * Employer must submit to inspection * If there is not a warrent * Concent to the inspection * Refruse and require OSHA to provide a search warrent

Answer 194

* Severity of the violation * Size of the business * Good faith efforts of employer to abade by cited violations * Employers previous violations Employer has the right to challenge a citation

Answer 195

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace

Answer 196

* Developing a policy that prohibits the unlawful manufacturing, distribution, possession, or use of a controlled substance in the workplace. * Specifying the actions that will be taken against those who violate the policy. * Providing a copy of the policy and the consequences of violating the policy to employees, including employees having to inform the employer within five days if they are convicted of a criminal drug offense occurring in the workplace. * Establishing a drug-awareness program that informs employees about the dangers of drug use in the workplace, the availability of drug treatment and counseling, and the employer’s drug-free policy and penalties for drug violations.

Answer 197

* Employers are generally not required to have employees under the influence of marijuana * Unless there is an accomidation * Be aware of statutes in states that allow marijuana

Answer 198

* Notifying the federal contracting agency within ten days of receiving notice of any employee conviction of a criminal drug offense occurring in the workplace. * Imposing a sanction on a convicted employee or requiring satisfactory participation in a rehabilitation program.

Answer 199

* Protects and encourages the growth of the union movement * Establishes workers' rights to organize and bargain collectively with employers. * Established the National Labor Relations Board (NLRB)

Answer 200

National Labor Relations Board (NLRB).

Answer 201

* Also called the Taft-Harley Act * Amended the NLRA * Imposed several restrictions and requirements on unions.

Answer 202

* Further amended the NLRA * Imposed regulations on internal union affairs and the relationship between union officials and union members

Answer 203

* All employers participating in interstate commerce * Does not cover * Governments * Religious schools * Agriculture employers * Railroad * Airline

Answer 204

* Form, join, or assist labor organizations. * Bargain collectively through representatives of their own choosing. * Engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection. * Refrain from any or all such activities.

Answer 205

* Union election process * Determines standards for union and investigates claims of unfair labor practices

Answer 206

Occurs when union or employer violates Section 8 of National Labor Relations Act

Answer 207

* Interfering with employees as they engage in concerted activity. * Dominating or assisting a labor union. * Retaliating against any employee because of union activity. * Retaliating against an employee for filing charges with the NLRB. * Refusing to bargain collectively in good faith with a union. * Promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union).

Answer 208

* NLRB will order guilty party to cease and deist from unlawful behavior and to post notice informing workers of board's decision * If employee is injured by ULP - NLRB may order employer to compensation the employee * Ex: reinstatement, payment of lost wages and benefits, seniority credits

Answer 209

* Objecting to harassment. * Refusing to work under dangerous conditions. * Honoring a picket line, refusing voluntary on-call work, filing grievances, or protesting discrimination. * Complaining about wages or hours of work. * Petitioning the employer for resolution of some issue. May also include when one employee acts on authority of one or more coworkers

Answer 210

The right of unionized employees to have another person present during certain investigatory interviews

Answer 211

* Labor relations case * Dealt with right of unionized employee's right to have another person present during certain investigation emails

Answer 212

When a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct.

Answer 213

* Management must inform the union representative of the subject of the interview. * The representative must be allowed to speak privately with the employee before the interview. * The representative can interrupt to clarify a question or to object to confusing or intimidating tactics. * The representative cannot tell an employee what to say but may advise the employee as to how to answer a question. * At the end of the interview, the representative can add information to support the employee’s case.

Answer 214

* A bargaining unit employee’s right to have a union representative present applies only to an investigatory interview * One conducted to gather facts that may lead to a disciplinary action. It does not apply to other types of meetings, such as where the employer is merely informing the employee of a decision it has already made to impose discipline. * The person attending the investigatory interview must be affiliated with the union that represents the employee. An employee can be prohibited from having an attorney or a relative present. * If the interview proceeds, the employer is not required to bargain with the representative or to permit him or her to disrupt the proper conduct of the interview.

Answer 215

Rruled that an employer cannot be compelled to allow nonemployee organizers onto the business property

Answer 216

* Regulates the collection and use of consumer credit information * Protects privacy of background information and ensures that information supplied is accurate.

Answer 217

Protect the privacy and background information of consumer credit is accurate

Answer 218

* Written notice and authroization * Pre-adverse action * Adverse action procedures * Certifications to credit bureaus * Penalties

Answer 219

* Individual must be notified in writting consisting soley of that notice that a report may be used * Notice cannot be incorporated into an employment application * Must get person's written authroization before asking for CRA report

Answer 220

* Occurs when employer decides not to hire applicant or to take some other adverse action regarding a current employee based in whole or part of the consumer report * Applicant/employee * Needs to provide copy of report and given a reasonable amount of time to present evidence challenging the information in the report * Needs to be provided a copy of the "A Summary of Your Rights Under the Fair Credit Reporting Act"

Answer 221

* After the employer has taken adverse action based in whole or in part on the consumer report * Employer must give the applicant/employee notice that such action has been taken.

Answer 222

Credit bureaus require employers to certify that they are in compliance with the FCRA and that they will not misuse any information in the report in violation of federal or state laws.

Answer 223

* Plaintiffs who prove willful noncompliance with the act * Actual damages (between $100 and $1,000) * Punitive damages * Costs—including attorneys’ fees. * Negligent noncompliance subjects an employer to actual damages, costs, and attorneys’ fees.

Answer 224

* Amends Fair Credit Reporting Act * Frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases.

Answer 225

* Prohibits discrimination against job applicants on the basis of national origin or citizenship * Establishes penalties for hiring undocumented workers.

Answer 226

Civil and/or criminal penalties.

Answer 227

* U.S. Citizenship and Immigration Services (USCIS) * A branch of Department of Homeland Security

Answer 228

* Burden is on employer to verify eligible to work in U.S. * First day of employment, I9 document

Answer 229

* Checks the I-9 against the records at the Department of Homeland Security and Social Security Administration databases * Voluntary for most businesses * Some companies are required by state or federal law

Answer 230

* Prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemption * Even if it is an exception and test is allowed * Employer cannot discriminate or discharge employee/applicants based soly on refusal to take polygraph test or analysis of a test * If employee volunteered to take test, they can stop it at any time

Answer 231

* Federal, state and local governments * Limited times where private sector employee must complete * Employee had reasonable suspected involvement in workplace incident that results in economic loss or injury due to employer's business and where employee had access to the property * Prospective employees of armored car, security alarm, and security guard firms that protect facilities, materials, or oprations affecting health and safety, national security or currency and other instruments * Prospective employees of pharmaceutical and other firms authroized to manaufacture, distribute or disense controlled substances

Answer 232

Fined and can by sued by an employee or prospective employee to recover lost wages and benefits, attorneys' fees, and court costs as well as possible equitable relief such as reinstatement and promotion

Answer 233

* Requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur. * Allows displaced workers time to search for a new job and allows government entities to determine whether any assistance may be available for affected workers * Potentially reduces the impact of any mass layoff or plant closing.

Answer 234

* Employers who employ 100 or more * Full-time employees, or * Full-time and part-time employees who, in the aggregate, work at least 4,000 hours (exclusive of overtime hours) per week at all employment sites.

Answer 235

* Faltering company * Providing notice would ruin opportunity for new capital or business * Only applies to plant closings * Unforeseeable business circumstances * Ex: loss of a key client * Natural disaster

Answer 236

* Some states have WARN acts with stricter critera * Some have mini warn laws that may apply when federal WARN does not

Answer 237

* Prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance. * Employment decisions based on genetic information are inappropriate because genetic information does not tell the employer anything about an individual’s current ability to work.

Answer 238

* Inadvertent acquisitions of genetic information * Ex: manager overhears * For health or genetic services offered by the employer on a voluntary basis, if certain specific requirements are met * For purposes of complying with the FMLA * Where the employer purchases documents that are commercially available (such as newspapers) or accesses sources (such as websites) as long as the employer is not searching those sources with the intent of finding genetic information * For genetic monitoring of the biological effects of toxic substances in the workplace where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary.

Answer 239

* Charging parties who believe that they have been discriminated against can file a charge in any field office. * Complaint must be filed within 180 days after the commission of the alleged discriminatory practice * Some states provide 300 days

Answer 240

* Federal and state statutes and regulations * If it is an employee, contractor, subcontractor * Number of employees * Industry, location, business customers * Same or similar records

Answer 241

* Document and support an organization’s employment actions. * Demonstrate the effectiveness of policies and procedures (e.g., through records of actions).

Answer 242

* Docuemnts remotely related to the claim or investigation need to be retained for the duration of the claim or investigation until final disposition (including appeals) * This may be longer than the normal retention guidelines

Answer 243

* What records must be kept under each law * Retention period for those records * Applicability for each law

Answer 244

* Well-organized records. * Establish and implement a record retention and destruction policy. * Investigate federal requirements. * Investigate applicable individual state requirements. * Retain info for the longer period of time when the same or similar records are required by more than one law but the period of retention varies * Determine if there are laws regulating employees’ access to their personnel files in the state(s) in which the organization has business operations. * Establish a system for auditing the organization’s record keeping (including personnel files).

Answer 245

Begins before a job candidate is hired and after the employee leaves the organization

Answer 246

* The record-keeping system must have reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records kept in electronic form. * Electronic records must be maintained in reasonable order, in a safe and accessible place, and in such manner as they may be readily inspected or examined * The electronic records must be able to be readily converted into legible and readable paper copy as may be needed to satisfy reporting and disclosure requirements or any other obligation under Title I of ERISA. * Adequate records management practices must be established and implemented

Answer 247

* Enable OSHA to use its enforcement and compliance assistance resources more efficiently. * Improve OSHA’s ability to identify, target, and remove safety and health hazards, thereby preventing workplace injuries, illnesses, and deaths.

U.S. Employment Laws and Regulations Flashcards

(271 cards)